Misc. Appeal No. 125/2017 dismissed as infructuous because the underlying Securitisation Application disposal has already been disposed of in a subsequent appeal filed by the appellants, rendering the challenge to the interim orders struck down by lower court moot.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 125/2017
Between
M/s Eskay Bee International Pvt. Ltd. & Ors. … Appellant/s V/s.
Bank of India …Respondent/s
Ms Sonali Jain, Advocate for Appellants.
Mr Prashant Shinde, i/b Mr. A. B. Shinde, Advocate for Respondent Bank.
The Appellants are in appeal impugning the order dated 23.11.2017 in I.A. No 905 of 2017 in Securitisation Application (S.A.) No. 105 of 2017 on the files of the Debts Recovery Tribunal No. I, Mumbai (D.R.T.) whereby the Ld. Presiding Officer dismissed I.A. No. 905 of 2017 declining to grant any interlocutory reliefs to the Appellants who are the Applicants in the S.A. and also vacated the ad interim stay to the Sarfaesi measures which was granted earlier. The Appellants are aggrieved and hence, in appeal.
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disposal of the S.A. has now become infructuous. Hence, without going into the merits of the matter and even considering the application for waiver of deposit, the Misc. Appeal No. 125 of 2017 is dismissed as infructuous.
Miscellaneous Applications, if any, are also dismissed as infructuous.
Sd/Chairperson
mks-2
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M/s Eskay Bee International Pvt. Ltd. & Ors.
Bank of India
Ashok Menon
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
